Evening star. [volume] (Washington, D.C.) 1854-1972, 1887-11-16

ness centerS a tedious and difficult undertaking.
Your committee Is clearly OF the opinion that no
one of the several enabling acts authorizes the
OF street or avenue as a freight yard or for the
storage OF cars and other property. A grant to
construct and operate a railroad from one city to
another, and upon or through given street, does
not confer such right. The language employed
in making the grants admits the existence or the
"street," and this carries on its face its own re-
sriction; and the act by its terms. limits the
that may be made OF the grant. BY the grant the
Is limited to the business OF travel and trans
e right Of way over public or private road, may
not TOT that reason make it his workshop or place
OF amusement, or devote 1t TO purposes other than
travel TO the detriment or detention OF Others hav
ing occasion TO use 1t. Upon this principle an I'M
conditional right to lay tracks given to railroad
confers no hight TO use the street freight yard
or place for storage. 1t gives no authority or H.
cense to abuse that right By misuse OF the street.
to the destruction OF the ordinary and usual uses
OF such street channel Tor intercommunication
and general business purposes.
In these views your committee Is sustained by
the decisions OF the Supreme Court OF the District.
The first case brought TO the attention OF the
court, In later years, was that OF Mr.. Knight, who
lived on the south side OF Maryland avenue, be-
tween 11th and 18th streets southwest. After
careful hearing, the Court in General Term passed
an order perpetually enjoining the Baltimore and
Potomac Railroad Company from using Maryland
avenue, between 18th and 1Sth streets, for "lOad-
Ing and unloading freight cars, or for other pur-
poses, as depot yard or freight yard"
The company thereupon moved one square far
Their we and continued to use the avenue be-
tween 18th and 18th streets as q freight yard.
William NeiZy, living at NO l2lO Maryland ave-
nue., then brought an action at law for damages
resulting to him and his family by reason or the
noises and other diSagreeable features attending
the unloading and shifting OF cars The Court In
General Term held that ne was entitled TO recover
and, on trial OF his case before jury verdict
In his favor FOR 1000 was rendered Nine similar
cases have been triei with like result, differing
only in the amount awarded by the several jurieS.
Thus your committee feels JUSTIFIED in reporting
that the use Of the streets Of the city 6y the rail-
road companies for J'eigat-yard purposes is en-
T.gin 1yn N SBn IN I'm
IL Is somewhat curious TO note that the agra
waited and constantly Increasing detrlnent topri.
travel, now so generally and so just y complained
OF, had beginning in minor and almost inSignifi-
OF the railroad companies to procure suitable
freight-yardS, places for storing cars for making
up trains, and for other convenienceS, together
with the growth OF our business relations, the re-
sulting evils have become so OneroUs that the de-
mind for their abatement seems TO be general and
Imperative.
Your committee, deeming it unnecessary in this
connection TO discuss questions OF wrongful in
tent, has confined It's inquiries to the su o1ect Of
The most promising method OF removing and avoid
ing the evils That have gradually become so an
nOying and oppressive. To this end your COM
mttee both cOiiectively and severally, has sought
Information from, and carefully conferred as far
as pos IDLE, with citizens acquainted with the sub
ject, and with gentlemen who have a general ac-
Guaintance with railroad transportation: and hos
consulted with olcas OF the several rd ilroads en-
tering the city. 1t Is most gratifying to
be able TO report very general disposition TO Co
proach by all these roads 70 general passenger
depot, upon such lines. aud in such manner as
shall remedy these evils
PROPOSED REMEDIES.
Third: Consideration OF proposed remedies In
its pains-taking efforts TO reach fair, proper and
wise solution or the railroad problem in this city
your committee has endeavOred TO give due weight
TO all or the many interests likely TO be affected by
Its decision. IL has sought to secure safety TO lie
and at street crossings; the least possible OBJ
struction to intercourse and travel business or
otherwise, along the streets and avenues; relief to
real estate owners from deterioration or property
values and TO tenants from grievances growing
out OF distractions and movements OF railroad
freight trains; facility OF access OF the travelling
pubic to, and adequacy or accommodations in
passenger depots; convenience OF location and
sufficiency OIL accommodation, OF freight depots
in which the local business interests directly
and the local public Indirectly, Interested while
at the same time bearing In mind the future
nents and expansion OF its southeastern business
waterfront, and the interests and rights-such as
| they are--oI the r.ilroad companies themselves;
and all this with due regard TO the reasonable In
UerestS anu wishes OF those geographical sections
or the city most directly to be- affected by that So
LUTON.
With such diversity OF tnterests-many OF them
conflicting most StrenuouSly-it was not to be ex.
pected that your committee could solve the rail-
road problem In this city In such manner as TO
produce absolute harmony; but impressed with
the conviction that each OF these opposing inter-
ests should be willing to concede something toward
the general welfare, your committee has proceeded
upon such lines, and reached such conclusions as
In Its judgment, will do the least harm to the
lesser number OF such interests and The greatest
Your committee has deliberated upon a number
Of suggestions relative to the proper site for the
proposed union railroad passenger depot long con-
tempiated by congress.
Tue present passenger depot OF the Baltimore
and Potomac Railroad and the Southern COnnec.
ton, situated on the Mall at tine corner OF 0In and
streets est, your committee has reason to
believe, will be totally inadequate In the near IN
ture TO meet the wants OF the travelling Duhlic
The approach TO 1T for trains Is a narrow one:
and the result Is that, with the number OF trains
even now used, 1t Is necessary 10 be constantly
moving them 70 and fro to enable other trains Ia
get In and out OF the depot, 1t is but reasonable
the increase OF travel MOREOVER, as q consequence
OF the location OF this depot at the pOinr man.
toned, the larges: and most beautiful park Lead
ing from the capitol 70 the washington Monument
railroad tracks approaching 1t, thus ruinfnr for
| the time being the beauty OF this Great
To4e ,hSs the
Potomac depot, which was located al f;th and n
streets northwest during the pleasure OF Con0ress
only. snail be moved TO some other generally more
advantageous location for a union rsirOad nascsen
ger depot, where each and everyone Of the ran.
roads entering the city may have equal passenger
facilities with less onense TO the eye OF the gen.
eral public. both visiting and resident In the
opinion your committee the land upon which Ma
depot Is built should never have been even tamnor
ary taAen from thus public reservation, nor ncense
railroad company. Your committee. however ~
neving this depot building TO be wen Iocafed FOR
the purposes OF District of1ces would suggest the
| OF the District government
The Baltimore and Ohio depot a. at ureeent sit
| uated, on New Jersey avenue and street norm
passenger station. The great number an strees.
crossings at grade. and the almost entire use 81
large part Of Delaw are avenue By the Railroad
r.ssos le,d,nE INTO. ,n = @ any Otnsr